Already in last year’s summer agreement the Government planned to introduce an optional scheme. For budget reason these plans were abolished. At the end of March the Government after all decided to introduce such scheme.
It is an optional scheme. The landlord and tenant should decide together to apply it. If they don’t, the normal rules apply and the renting of immovable property is VAT exempt.
The renting out of immovable property under VAT is only possible for new buildings or after thorough refurbishments of existing buildings. Thorough refurbishment means that cost of the works amounts to at least 60% of the sales value of the building after the refurbishment. The tenant should be a VAT payer using the building for its economic activity.
Consequences of the option
If parties opt to apply the scheme:
The landlord will charge VAT on the rent.
The landlord can deduct VAT on the investment and costs.
The tenant can deduct VAT on the rent.
Mandatory VAT application on the rent of certain goods
In principle, the renting out of immovable property is still VAT exempt. The optional scheme is a voluntary exemption to this rule. Next to this there are some mandatory exemptions, which remain in place.
There is always VAT due on:
the letting of premises and sites for the parking of vehicles.
the provision of accommodation in the hotel sector or in sectors with a similar function.
the letting of permanently installed equipment and machinery.
the hire of safes.
New: short term renting always taxed
To this list, the Government adds a new exemption. As from 1 October 2018 the short term renting of immovable goods will always be subject to VAT (e.g. renting of party rooms, congress halls).
As from 1 October
The new rules enter into force on 1 October 2018.